Richard Pearse says he wanted to build a bird sanctuary for the community on the disputed parkland. Picture: Jake Nowakowski Source: Herald Sun

A FORMER councillor's bid to use ancient "adverse possession" laws to be given a tract of Hawthorn parkland has been lost in the courts.

Resident and former Camberwell councillor Richard Pearse had claimed the land, with an estimated value of $700,000, as his own under the old-England "adverse possession" law, which grants property possession to those who squat on or take over land without being challenged about its ownership for at least 15 years.

VicRoads took Mr Pearse and his wife Jennifer to the Supreme Court to challenge a ruling over the 470sq m parcel of land near Gardiners Creek parkland off Kaikoura Ave, Hawthorn East.

The Pearses live at 26 Kaikoura Ave and the land in dispute, forming part of 28-42 Kaikoura Ave, was fenced in by Mr Pearse who built a parking apron, water tank and planted trees and shrubs after he moved next door in 1993.

Mr Pearse said he fenced in the land because he was tired of people littering and using drugs there and because he wanted to secure a "sanctuary" for birdlife for the area.

He said covenants prevented a home being built on the land and his work in mowing and planting trees along the corridor supported his contention his aims were "altruistic" and not personal.

"Most people don't believe it because they see it as a grab for personal gain," Mr Pearse said.

"My intention from day one was to create a reserve for wildlife."

VicRoads successfully claimed that, despite the government not challenging possession within the 15-year period required to prevent adverse possession, that as a government agency it was immune from adverse possession.

Protectors of Public Lands Victoria spokeswoman Julianne Bell welcomed the decision, handed down on November 2 by Justice Kevin Bell, saying it was a win for the community.

"All I can say is, 'Three cheers for the decision'," Ms Bell said. "With increasing population, our parkland is becoming more and more precious and our organisation is extremely pleased to hear about this, especially along Gardiners Creek, which is a prime piece of public land."

Real estate agent Glen Coutinho last year valued the land at $700,000.

"VicRoads welcomes the decision in this case as it clarifies that VicRoads land cannot be adversely possessed by adjacent landowners," VicRoads property services director Bernard Toulet said.

"VicRoads will hold discussions with the defendants regarding the removal of any buildings or infrastructure on the property."

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